JUDGMENT

S.N. Variava, J.-This Appeal is against the Judgment dated 10th December, 1997 of the Andhra Pradesh High Court.

2. Briefly stated the facts are as follows:

The Respondent was, at the relevant time, functioning as the Secretary of Visakhapatnam Post Trust. He was also a Member of the Tender Committee. He was also officiating as the Secretary of the Board of Trustees of Visakhapatam Port Trust. The Visakhapatnam Port Trust had floated a tender, in response to which one M/s Ramesh Chandra & Company had submitted a quotation for Rs. 1,33,84,702.80. The tender of M/s. Ramesh Chandra & Company was the lowest. The complainant one Mr. G. Subrahmanyam was the Manager and General Power of Attorney holder of M/s. Ramesh Chandra & Company. According to the prosecution, on 23rd December, 1991 the Complainant was called to the house of the Respondent. He was there informed that there were many complications in the tender and that in order to clear those complications a sum of Rs. 1,00,000/- would have to be paid to the Respondent as bribe. According to the prosecution, the Complainant expressed financial disability in paying the amount and was told by the Respondent that the amount